CONDITIONAL SALE AND A LEGITIMATE MECHANISM FOR THE MORTGAGE OF REAL ESTATE

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SABERI HOSSEIN

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Journal Paper

Paper Information

Journal: JOURNAL OF ISLAMIC STUDIES Year:2007 | Volume:- | Issue:77 (ISLAMIC LAWS AND JURISPRUDENCE) Page(s): 87-115

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Title

CONDITIONAL SALE AND A LEGITIMATE MECHANISM FOR THE MORTGAGE OF REAL ESTATE

Author(s)

SABERI HOSSEIN | Issue Writer Certificate

Keywords

OPTION SALEQ3

SANS-SERIF">(BAY‘ AL-KHIYA-R)Q3

CONDITIONAL SALE (BAY‘ AL-SHART)Q3

FULFILLMENT SALEQ3

SANS-SERIF">(BAY‘ AL-WAFA-)Q3

SUBMISSION SALEQ3

SANS-SERIF"> (BAY‘ AL-TA-‘AT)Q3

MORTGAGE OF RETURNQ3

SANS-SERIF"> (RAHN-I MU‘A-D)Q3

PAYING BACK THE PRICE (RADD-I THAMAN)Q3

RESTITUTION OF THE SALEQ3

Abstract

Given the necessity of studying the mortgage of real estste and correcting the existing procedure in society, the present paper is examining the conditional sale as one of the legitimate mechanisms for such a mortgage, which is carried out for the purpose of turning a profit (istirbāh) as well as earning lawful incomes. After giving a literal definition of "option sale"–which in our old jurisprudence literature had been used as what is today called "conditional sale"–and referring to the semantic development of this literature from option sale to conditional sale, the author brings up the methods of conceiving "conditional option" and paying back the price, and then touches upon the objections raised to this issue and goes on to present the arguments for the authenticity and admissibility of option sale. He then proceeds with a brief look at the issue of the "fulfillment sale" in the Sunnī jurisprudence to find a way to adapt these two concepts to each other, and thereby to put to judgment the impression that the conditional sale can be taken into consideration as a substitute mechanism for what is today customarily carried on as mortgage of real estate.

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APA: Copy

SABERI, HOSSEIN. (2007). CONDITIONAL SALE AND A LEGITIMATE MECHANISM FOR THE MORTGAGE OF REAL ESTATE. JOURNAL OF ISLAMIC STUDIES, -(77 (ISLAMIC LAWS AND JURISPRUDENCE)), 87-115. SID. https://sid.ir/paper/29670/en

Vancouver: Copy

SABERI HOSSEIN. CONDITIONAL SALE AND A LEGITIMATE MECHANISM FOR THE MORTGAGE OF REAL ESTATE. JOURNAL OF ISLAMIC STUDIES[Internet]. 2007;-(77 (ISLAMIC LAWS AND JURISPRUDENCE)):87-115. Available from: https://sid.ir/paper/29670/en

IEEE: Copy

HOSSEIN SABERI, “CONDITIONAL SALE AND A LEGITIMATE MECHANISM FOR THE MORTGAGE OF REAL ESTATE,” JOURNAL OF ISLAMIC STUDIES, vol. -, no. 77 (ISLAMIC LAWS AND JURISPRUDENCE), pp. 87–115, 2007, [Online]. Available: https://sid.ir/paper/29670/en

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